Two years to file, from the date of death
Ala. Code § 6-5-410(d)
Pure contributory negligence
Alabama's fault rule
Contingency Representation
On qualifying matters
Wrongful Death Claims in Alabama
Losing a loved one to someone else's negligence is a profound loss. A wrongful death claim provides accountability for families, under rules that differ significantly among Alabama, Georgia, and South Carolina. Our wrongful death attorneys guide families through this difficult time and pursue the recovery available under the wrongful death law of the state where your loved one was lost. We understand the emotional toll, and we handle these cases with care.
Both of our attorneys are licensed in Alabama. The firm handles wrongful death claims for clients across the state, in Birmingham, Hoover, Huntsville, Montgomery, Tuscaloosa, and Mobile, and everywhere in between. Contingency fees are available on qualifying matters, and the rules below are the ones that will shape your Alabama claim from the first phone call.
The Alabama Filing Deadline
Alabama's wrongful death deadline lives in the wrongful death statute itself (Ala. Code § 6-5-410(d)) and runs two years from the date of death, not from any later discovery. Alabama treats it as a condition of the claim, so the usual tolling rules, including tolling for a minor, do not extend it. The claim is brought by the decedent's personal representative.
Fault in Alabama: Pure contributory negligence
Alabama is one of only a handful of American jurisdictions that still applies pure contributory negligence. If the defense persuades a jury that you bear any share of the fault, even one percent, your recovery can be completely barred. Insurance adjusters in Alabama build their files around this rule from day one, which is why you should never give a recorded statement or accept blame in any form before speaking with an Alabama-licensed attorney.
Wrongful Death Claims in Alabama
Alabama's wrongful death statute, Ala. Code § 6-5-410, is unlike any other state's: the only damages recoverable are punitive damages, measured by the wrongfulness of the defendant's conduct rather than the family's economic loss. The claim must be brought by the decedent's personal representative within two years. Presenting these cases well requires attorneys who know how Alabama juries are asked to value conduct, not loss.
Claims Against Alabama Government Entities
Claims against Alabama cities carry notice deadlines measured in months, not years: a sworn claim generally must be presented to a municipality within six months of the injury under Ala. Code §§ 11-47-23 and 11-47-192. Claims involving counties and state agencies have their own presentment rules and immunity defenses. If a government vehicle, road defect, or public facility is involved, treat the deadline as immediate.
Alabama Wrongful Death Claims FAQ
How long do I have to file a wrongful death claim in Alabama?
Alabama's wrongful death deadline lives in the wrongful death statute itself (Ala. Code § 6-5-410(d)) and runs two years from the date of death, not from any later discovery. Alabama treats it as a condition of the claim, so the usual tolling rules, including tolling for a minor, do not extend it. The claim is brought by the decedent's personal representative. Claims against Alabama government entities follow their own strict rules, described below, so it is worth getting advice early.
What happens if I was partly at fault for my wrongful death in Alabama?
Alabama is one of only a handful of American jurisdictions that still applies pure contributory negligence. If the defense persuades a jury that you bear any share of the fault, even one percent, your recovery can be completely barred. Insurance adjusters in Alabama build their files around this rule from day one, which is why you should never give a recorded statement or accept blame in any form before speaking with an Alabama-licensed attorney.
What does it cost to hire a wrongful death lawyer for a Alabama case?
The consultation is free. Contingency fees are available on qualifying matters. On a contingency case, the attorney fee is a percentage of any recovery, and there is no attorney fee if there is no recovery. We advance case expenses, and the written fee agreement sets out how they are handled before we begin.
Can a Hoover, Alabama firm handle my Alabama case?
Yes. Between them, our attorneys are licensed in Alabama, Georgia, and South Carolina, and we represent Alabama clients by phone, video, and in person. What changes across a state line is not our involvement in the case but which rules apply, and we practice under Alabama's.
Free Alabama Guides on This Topic
Plain-English answers under Alabama law, free to read before you ever call.
Hurt in Another State?
The same firm, under the rules of the state where you were hurt.